US District Court Rules In Favor of Disabled, Denies Motion by APD

US DISTRICT COURT DENIES THE MOTION TO DISMISS THE
CLAIMS AGAINST THE DEFENDANT DEBEAUGRINE (APD), AND DISMISSES
THE CLAIMS AGAINST THE DEFENDANT BENSON (AHCA)

The Washington order has been released regarding individuals’ rights to due process hearings. The plaintiffs’ motion for a preliminary injunction was GRANTED.



The order reads that: “Defendant James DeBeaugrine must not terminate or reduce a plaintiff’s benefits in respects at issue in this case prior to affording the plaintiff a hearing meeting the requirements of this order. The plaintiff must be allowed to appear at the hearing in person and through a lay representative and through an attorney if the plaintiff has one, but Mr. DeBeaugrine need not provide the plaintiff an attorney. At the hearing, the Agency for Persons with Disabilities must explain the basis for the proposed termination or reduction of benefits and must make available any documentary evidence on which the proposed action is based. At the hearing, the Agency must present a witness in person and make the witness available for cross-examination, but the Agency must do so, only if it relies on the witness’s testimony and believes the witness’s credibility will be subject to reasonable dispute in material respects. At the hearing, the plaintiff must be allowed to explain the basis for, and to present materials and witnesses in support of, the contention that the proposed termination or reduction of benefits would be erroneous.

1. A decision to go forward with the termination or reduction of benefits may be made only by a person who did not make the original decision to propose the termination or reduction and may be made only on the basis of the evidence and materials submitted at the hearing.



2. The defendant James DeBeaugrine’s motion to dismiss (document 26) is DENIED.



3. The defendant Holly Benson’s motion to dismiss (document 29) is GRANTED. I do not direct the entry of judgment under Federal Rule of Civil Procedure 54(b).



SO ORDERED on October 1, 2009.

s/Robert L. Hinkle

United States District Judge